The Gloucester County, Va., school board has asked the US Supreme Court to review a ruling by the 4th Circuit that a Transgender high school student may use restrooms appropriate for his gender identity.

On June 7, lawyers for the school board filed a document with the 4th Circuit announcing their intention of appealing to the Supreme Court.

'The School Board intends to file a petition for writ of certiorari with the United States Supreme Court within ninety (90) days of this Court's entry of judgment,' they said.

As part of their filing, the school board's lawyers asked the 4th Circuit to stay its order allowing high school student Gavin Grimm to use the boys' restrooms at his school.

While the circuit court initially granted a stay to allow time for a three-judge panel to consider the request, the panel ruled 2-1 to deny the stay on June 9.

A stay would have kept the school board's Trans-exclusionary restroom policy in place pending a decision by the Supreme Court on whether to review the case. Grimm's attorneys opposed the stay.

Grimm, represented by the ACLU, originally sued the school board for restroom access based on Title IX of the Education Amendments of 1972. The ACLU echoed the Obama administration's arguments that Title IX's prohibitions of discrimination on account of sex also protect gender identity and entitle Grimm - and other Trans students - to gender-appropriate restrooms.

Grimm lost the initial round in a federal district court, but in April the 4th Circuit Court of Appeals found in his favor, reversing the lower court. The Obama administration's interpretation of Title IX was reasonable, the appeals court said, 'and is to be accorded controlling weight in this case.'

The school board asked for an en banc review of the 4th Circuit finding - a hearing before all 15 active circuit judges - but the court turned them down in May.

According to BuzzFeed, the Supreme Court will not consider whether to hear the case until late September at the earliest, after the start of a new school year for Grimm. Unless the Supreme Court orders an emergency stay pending appeal to them, Grimm is now free to use the boys' restrooms when he returns to school in the fall.

Only four Supreme Court justices are required to agree to hear the case, but it's not clear they will want to intervene at this point while other similar cases are still making their way through the federal court system.

Five lawsuits arising from North Carolina's HB 2 are pending in federal courts, and 11 states are suing the Obama administration, challenging its interpretation of Title IX.

In addition to having jurisdiction over federal cases in Virginia, the 4th Circuit also supervises federal courts in North Carolina, and unless it is reversed by the Supreme Court, its decision in Grimm's case establishes a precedent for handling the North Carolina cases.

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